§6272 — Title 10 Armed Forces | U.S. Code

§6272 Reprogramming

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart B— - Atomic Energy Defense › Chapter CHAPTER 607— - BUDGET AND FINANCIAL MANAGEMENT MATTERS › Subchapter SUBCHAPTER I— - RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS › § 6272

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Energy must not use DOE national security money to increase a program’s funding past set limits or to pay for a program that was not presented to or requested of Congress. The spending for a program in one fiscal year may not go over 115 percent of the authorized amount, and it also may not be increased by more than $5,000,000 above the authorized amount. Such an increase can only happen if the Secretary sends the congressional defense committees a full report explaining the plan and the reasons for it, and 30 days pass after those committees get the report. Days when either House is out of session because of an adjournment longer than three days to a specific date do not count toward the 30 days. In any case, the total money committed for the year cannot exceed the total authorized for that year, and funds may not be used for items Congress specifically denied.

Title 10, §6272

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) and in section 5791 and 5792 11 So in original. Probably should be “section 6281 and 6282”. See References in Text note below. of this title, the Secretary of Energy may not use amounts appropriated pursuant to a DOE national security authorization for a program—

(1)in amounts that exceed, in a fiscal year—

(A)115 percent of the amount authorized for that program by that authorization for that fiscal year; or

(B)$5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or

(2)which has not been presented to, or requested of, Congress.

(b)An action described in subsection (a) may be taken if—

(1)the Secretary submits to the congressional defense committees a report referred to in subsection (c) with respect to such action; and

(2)a period of 30 days has elapsed after the date on which such committees receive the report.

(c)The report referred to in this subsection is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the proposed action.

(d)In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.

(e)(1)In no event may the total amount of funds obligated pursuant to a DOE national security authorization for a fiscal year exceed the total amount authorized to be appropriated by that authorization for that fiscal year.

(2)Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5791 and 5792, referred to in subsec. (a), were, prior to repeal and restatement as this section, references to section 4710 and 4711, respectively, of Pub. L. 107–314, which were repealed and restated as section 6281 and 6282, respectively, of this title by Pub. L. 119–60, § 3111(a), (b)(1).

Prior Provisions

Provisions similar to those in this section were contained in section 2742 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (e). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Total amount obligated” and “Prohibited items”, respectively.